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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Administrative Judge


PART 127. Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians


127.1 Assignment & compensation of counsel, psychiatrists . . .
127.2 Compensation of counsel . . .in extraordinary circumstances
127.3 Compensation of counsel & other providers in capital cases
127.4 Compensation of law guardians
127.5 Workload of the Attorney for the Child

Section 127.1 Assignment and compensation of counsel, psychiatrists, psychologists and physicians.

(a) Assignments and appointments of counsel, psychiatrists, psychologists and physicians pursuant to section 35 of the Judiciary Law shall be made by the court in accordance with rules to be adopted by each Appellate Division. Each Appellate Division may compile and maintain such lists of attorneys, psychiatrists, psychologists and physicians as it shall deem appropriate for the implementation of its rules. Such rules may provide that the appointment of psychiatrists, psychologists and physicians shall be made after consultation with the Mental Hygiene Legal Service.

(b) Each claim by assigned counsel, psychiatrist, psychologist or physician payable from State funds for services rendered to indigent persons, pursuant to section 35 of the Judiciary Law, shall be submitted on forms authorized by the Chief Administrator of the Courts for approval within 45 days after completion of service to the court which made the assignment. Upon approval, the court shall thereupon, within 15 days after receipt, forward such claims to the appropriate Appellate Division for certification to the Comptroller for payment.

Historical Note
Sec. filed Nov. 1, 1985; amd. filed May 6, 1991 eff. April 30, 1991
.

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Section 127.2 Compensation of counsel and other providers in extraordinary circumstances.

(a) Whenever an attorney, psychiatrist, psychologist or physician, or a person providing investigative, expert or other services, seeks compensation in excess of the statutory limits prescribed by article 18-B of the County Law or section 35 of the Judiciary Law, because of extraordinary circumstances, he or she shall submit with his or her claim a detailed affidavit stating the nature of the proceeding, the manner in which the time was expended, the necessity therefor, and all other facts that demonstrate extraordinary circumstances. If the claim is by an attorney, the attorney shall state the disposition of the matter.

(b) The order of the trial judge with respect to a claim for compensation in excess of the statutory limits may be reviewed by the appropriate administrative judge, with or without application, who may modify the award if it is found that the award reflects an abuse of discretion by the trial judge. Any order modifying a trial judge's award shall be in writing.

(c) An application for review may be made by any person or governmental body affected by the order.

Historical Note
Sec. filed May 6, 1991; amd. filed March 22, 2001 eff. April 16, 2001. Amended (b)-(c).

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Section 127.3 Compensation of counsel and other providers in capital cases.

(a) Each claim for compensation and reimbursement submitted to the court pursuant to section 35-b(9) of the Judiciary Law by an attorney or by a provider of investigative, expert or other services shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for or received in the same case from any other source.

(b) Attorneys eligible for awards of compensation by the trial court pursuant to section 35-b(9) may submit vouchers for the court's approval at such times before the case is completed as the court in its discretion may permit.

(c) Requests for reconsideration of any order of the trial court fixing compensation pursuant to section 35-b(9) may be made pursuant to the procedure set forth in section 127.2 of this Part.

Historical Note
Sec. filed Aug. 20, 1996 eff. Aug. 14, 1996.

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Section 127.4 Compensation of law guardians.

Claims by law guardians for compensation, expenses and disbursements pursuant to section 245 of the Family Court Act and section 35 of the Judiciary Law shall be determined pursuant to the rules of the appropriate Appellate Division.

Historical Note
Sec. filed March 22, 2001 eff. April 16, 2001.

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Section 127.5 Workload of the Attorney for the Child

(a) Subject to adjustment based on the factors set forth in subdivision (b), the number of children represented at any given time by an attorney appointed pursuant to section 249 of the Family Court Act shall not exceed 150.

(b) For representation provided under an agreement pursuant to section 243(a) and (b) of the Family Court Act, the workload standards set forth in subdivision (a) may be adjusted based on such factors as:

(1) Differences among categories of cases that comprise the workload of the office covered by the agreement;
(2) The level of activity required at different phases of the proceeding;
(3) The weighting of different categories and phases of cases;
(4) Availability and use of support staff;
(5) The representation of multiple children in a case;
(6) Local court practice, including the duration of a case;
(7) Other relevant considerations.

(c) The administrators of offices pursuant to such agreements shall be responsible for managing resources and for allocating cases among staff attorneys to promote the effective representation of children and to ensure that the average workload of the attorneys for children in the office complies with the standards set forth in subdivision (a) as modified by subdivision (b).

(d) For representation provided by a panel of attorneys for children pursuant to section 243 (c) of the Family Court Act, the Appellate Division may adjust the workload standards of subdivision (a) to ensure the effective representation of children.

(e) The Chief Administrator of the Courts, with respect to representation pursuant to section 243(a) of the Family Court Act, and the Appellate Divisions, with respect to representation pursuant to section 243 (b) and (c) of the Family Court Act, shall annually, at the time of the preparation and submission of the judiciary budget, review the workload of such offices and panels, and shall take action to assure compliance with this rule.

Added 127.5 on April 01, 2008